COURTNEY & COURTNEY

In the Federal Circuit Court of Australia, Judge Bender considered competing interim applications by the Wife and Husband concerning the sole use and occupation of a house under construction on a farm property owned by the parties. The dispute arose in the context of family law proceedings.

The court was required to determine who should have interim sole use and occupation of the newly completed house on the farm, and to make orders regarding the management of the building works and the occupation of the farm and a separate property located in Suburb D. The court also needed to address the financial responsibilities for the respective properties and the living expenses of the Wife's mother.

The court ordered that until further order, the Wife would have sole management and control of the building works on the farm and was granted sole use and occupation of the Suburb D property. The Husband was restrained from entering the building works area and from altering or removing certain items on the farm without the Wife's consent. Pending completion of the building works, the Husband was permitted to occupy the farm in caravans, provided he did not enter the building works area. Upon completion of the building works, the Wife was to have sole use and occupation of the farm, and the Husband was to remove certain caravans. The Wife was to be responsible for the farm's outgoings and maintenance, while the Husband was to be responsible for the Suburb D property's outgoings. The Wife was also ordered to cover her mother's living and nursing home expenses.